Property Easements in Hamilton County (Springdale, Wilson: houses, landscaping, utilities)

[t45209]

When there is a dispute over road or utility easements, what's the best resource to confirm the exact size and position of the easement? Would the auditors office have this information?

[Wilson513]

Road and utility easements are usually on the original subdivision plat. I don't know where these are obtained. Subsequent to the plat, it is the Recorders Office where recorded easements are found.

[t45209]

Thanks Wilson...


Have you had any experience interpreting the symbolism in the CAGIS maps on the Auditor's website? Unfortunately, this won't give the actual dimensions of the easements, but some of the lines shown on these maps imply that they may be easements. I'm thinking about the areas outlined in blue vs the red ones which are the property lines. I also see red lines that are dashed, and I'm not sure what that indicates.

[Wilson513]

Originally Posted by t45209

Thanks Wilson...


Have you had any experience interpreting the symbolism in the CAGIS maps on the Auditor's website? Unfortunately, this won't give the actual dimensions of the easements, but some of the lines shown on these maps imply that they may be easements. I'm thinking about the areas outlined in blue vs the red ones which are the property lines. I also see red lines that are dashed, and I'm not sure what that indicates.

No, not really. Can you be more specific about your problem? Are you concerned about Duke digging on your property? If so, you can ask Duke for a plat of the easement and to mark the area they intend to dig.

[progmac]

if you're talking about exactly locations (like, "did you build that fence a foot onto my property?"), your best resource would be a professional surveyor. if your question is more general (like, "is there an easement somewhere on the west part of my property?"), the county recorder would generally be the place to start, perhaps beginning with the plat for your subdivision.

[t45209]

It's not a situation that I am directly involved in, but I am aware of a growing dispute between residents and the City of Springdale. The city has embarked on a major project to replace storm sewers, and in the process they have obviously had to destroy yards, driveways, trees, and so on. Besides the fact that there is some question as to whether it was really necessary to replace the storm sewers, the residents are in disagreement with the city on the size of the easement. The city is refusing to reimburse residents for destroyed landscaping and even driveways in some cases, claiming that these things were done within the easement and the city has no obligation to pay for their loss. The city has further claimed that driveways and other improvements were installed "illegally" and therefore also not eligible for city funding to replace them. With regard to the easement, the city seems to be measuring the distance that they can go into people's yards from the edge of the road, but the residents dispute this, saying that the easement begins at the center of the road. I tend to agree with the latter, since any DOT work I have seen done uses the center line as a point of reference give that lane widths and shoulders are more likely to change over the years. In the case of the "illegal" improvements, some of these features have been in place for 50 years or more, perhaps before Springdale was even incorporated. I find it hard to understand how the city can make these arguments. I tend to side with the residents in most of the matters in question, however the damage is mostly done already. The question now becomes, how do you prove to the city that they are liable for restoration and reimbursement?

These are only some of the issues. It seems that system being installed may be ok for a brand new subdivision, but they are finding that when you have street full of houses that were built between about 1910 and 1955, not everything is built to the same standard. When all of the sewers from the homes come in at different depths and angles, it makes things a little dicey. Some residents appear to be facing having giant concrete catch basins sticking up a foot and a half in the middle of their yards because of these discrepancies. The whole thing sounds like a huge mess to me.

[Wilson513]

If there are a number of these folks they should get together, everyone put in $250 and hire a lawyer. I can recommend just the guy (not me). If you are interested, direct message me.

[progmac]

I agree with Wilson, hire a lawyer.

Removing landscaping and even sections of driveway is relatively common with public infrastructure and utility work. Some people will even build fences, etc in an easement or right-of-way not knowing that it could be taken down at any time.

I would be shocked if the springdale city engineer doesn't know how to measure his rights-of-way, though i suppose stranger things have happened.

Some cities are more forgiving with this kind of thing and will relocate fences or landscaping out of the easement. Other cities, not so much.

[Wilson513]

Originally Posted by progmac

I agree with Wilson, hire a lawyer.

Removing landscaping and even sections of driveway is relatively common with public infrastructure and utility work. Some people will even build fences, etc in an easement or right-of-way not knowing that it could be taken down at any time.

I would be shocked if the springdale city engineer doesn't know how to measure his rights-of-way, though i suppose stranger things have happened.

Some cities are more forgiving with this kind of thing and will relocate fences or landscaping out of the easement. Other cities, not so much.

I handled two such cases myself in the past.

In Clermont County, a municipal water line was run along the side of a roadway and the water company was 15 feet off their easement. Over the years all of the residents had planted their lovely trees along the front of the houses. After about twenty mature (40-60 foot) trees had come down and the lawns excavated, we finally got the carnage stopped. One of the plaintiffs had moved her father back from the nursing home to live with her in his old house so that he could die in his familiar surroundings. He got to watch the water company destroy the trees he planted and his front yard. Seriously. When we got to the bottom of it, there was no doubt in my mind that the water company knew where the easement was but did not want to disturb other utilities and highway accessories sharing the easement.

[progmac]

Originally Posted by Wilson513

I handled two such cases myself in the past.

In Clermont County, a municipal water line was run along the side of a roadway and the water company was 15 feet off their easement. Over the years all of the residents had planted their lovely trees along the front of the houses. After about twenty mature (40-60 foot) trees had come down and the lawns excavated, we finally got the carnage stopped. One of the plaintiffs had moved her father back from the nursing home to live with her in his old house so that he could die in his familiar surroundings. He got to watch the water company destroy the trees he planted and his front yard. Seriously. When we got to the bottom of it, there was no doubt in my mind that the water company knew where the easement was but did not want to disturb other utilities and highway accessories sharing the easement.

Good thing they had you. Shame on the utility company for being so cheap and irresponsible.

My hometown recently had tree-canopied old main streets completely destroyed in a similar project. It's pretty sad when I go back to visit.